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Estate Planning

Wills, Trusts & Estates Prof Blog

A resource to enhance the teaching of courses that address intestate succession, wills, trusts, estate administration, non-probate assets, planning for disability, and other matters pertaining to estate planning.
By Gerry W. Beyer

Post Frequency: 44.9/day

Last Entry: April 01, 2011 at 14:00:00

Top SSRN Downloads

Posted on September 05, 2009
Here are the top downloads from July 7, 2009 to September 5, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 310 Ghosts of...

Cronkite's Will Left Out Girlfriend - Possibly On Purpose

Posted on September 04, 2009
Rumor has it that Walter Cronkite's will did not include the woman who was his girlfriend during the last four years of his life. Cronkite's daughter stated that Cronkite never intended to leave anything to his girlfriend, who was a...

Astor Trial Provides Tax Lessons

Posted on September 04, 2009
Bridget J. Crawford has posted on SSRN her article entitled Tax Lessons From the Astor Trial, 166 Tax Notes 9 (2009). The abstract of the article is below: This article examines the changes that philanthropist Brooke Russell Astor made to...

Nevada Authorizes Electronic Will Storage

Posted on September 04, 2009
Nevada has adopted legislation that authorizes electronic will storage. The legislation permits the Secretary of State to create and maintain the Nevada Lockbox, a secure on-line registry which allows a person to post an electronic copy of a will or....

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Sotheby's Accused of Undisclosed Conflict of Interest

Posted on September 03, 2009
Halsey Minor, founder of CNET, and Sotheby's are involved in a legal dispute regarding, among other things, the sale of an Edward Hicks painting entitled The Peaceable Kingdom with the Leopard of Serenity. Details are below: Halsey bought the Hick's....

Trusts as Beneficiaries of an IRA

Posted on September 03, 2009
According to Ken Hartman, Trust as Beneficiary of IRA is a Popular Strategy, WSJ, Aug. 29, 2009, the following advice may be useful when considering a trust for IRA funds: Transferring funds from an IRA to a trust would "invariably...

Jackson's Estate Will Pay for Private Burial

Posted on September 03, 2009
Michael Jackson's estate will foot the bill for his private burial held this week. The cost of that burial remains a secret, but is speculated to include the cost of paying security and traffic police for the burial. See Alan...

Minnesota Adopts Uniform Disclaimer of Property Interests Act

Posted on September 03, 2009
Minnesota has adopted the Uniform Disclaimer of Property Interests Act, which will become effective on Jan. 1, 2010. 2009 Minn. Sess. Law Serv. Ch. 67. According to the summary of 2009 legislation provided by the Minnesota House of Representatives: There...

Joint Account Holders Need a High Level of Trust, or Risk Losing Everything

Posted on September 02, 2009
Nipp v. Broumley, 285 S.W.3d 552 (Tex. App.?Waco 2009, no pet. h.): Decedent, using her own funds, opened certificates of deposit in the form ?Decedent or Son.? Shortly before Decedent?s death as she was entering hospice, Son cashed three CDs...

Supreme Court of Montana to Decide Whether Assisted Suicide Is a State Constitutional Right

Posted on September 02, 2009
Today, the Supreme Court of Montana will take up the claim that a doctor violated a man's state constitutional rights by denying the man assisted suicide. Details are below: If the claim is successful, Montana will become the first state...

District Court Denies Summary Judgment in Newcomb Case

Posted on September 02, 2009
A district court denied the motion for summary judgment that would have forced Tulane University to reopen Newcomb College. The Future of Newcomb College, a group working toward the reopening of Newcomb, has stated the following on their website newcomblives...

Israeli Man Claims He Was Paid $20,000 for His Kidney

Posted on September 02, 2009
An Israeli man claims that four years ago he was paid $20,000 in exchange for donating a Kidney in the United States. He claims he answered an ad in a paper looking for a kidney donor, flew to Mount Sinai...

New York Bar Association Provides New Durable POA and Major Gifts Rider Forms

Posted on September 01, 2009
Changes modernizing New York's durable power of attorney prompted the New York State Bar Association to draft, and offer at no charge to members, a new power of attorney form updating and replacing the old form. Also provided is a...

Estate Planning Seminars in Las Vegas

Posted on September 01, 2009
The University of Denver's Graduate Tax Program is sponsoring a five-day seminar series entitled Estate Planning Seminars in Law Vegas on November 2-6, 2009. The seminars being offered are listed below. Estate and Gift Tax Boot Camp Monday, November 2,...

Pre-Paid Funeral Company President Indicted for Criminal Fraud

Posted on September 01, 2009
The pre-paid funeral industry was recently shaken by an indictment alleging that the president and CFO of National Prearranged Services, Inc., a pre-paid funeral service company, committed mail fraud, money laundering, and wire fraud. The indictment alleges that the fraud...

Opportunity to Rid Your Estate of Illiquid Assets

Posted on September 01, 2009
According to Larry Light, Auction-Rate Yard Sale, WSJ, Aug. 22, 2009, "[g]etting into auction-rate securities, mortgage-backed bonds and hedge funds was a lot easier for investors than getting out. Such investments became illiquid in the financial crisis, and can be...

Maine adopts Uniform Power of Attorney Act

Posted on August 31, 2009
Pursuant to legislation passed by the 124th Maine Legislature, the state has adopted the Uniform Power of Attorney Act. See 2009 Me. Legis. Serv. Ch. 292.

Malpractice Outside of Estate Planning Context

Posted on August 31, 2009
Smith v. O?Donnell, 52 Tex. Sup. Ct. J. 52 (Tex. 2009): Executor sued Decedent?s former Attorneys for malpractice in advising Decedent in his capacity as the executor of his wife?s estate. The lower court ruled in favor of Attorneys basing...

Book Offers Advice for Dealing With the Loss of a Loved One

Posted on August 31, 2009
Roberta Temes, Ph.D., has published her book entitled Solace: Finding Your Way Through Grief and Learning to Live Again(AMACOM 2009). In the book, Dr. Roberta Temes reframes bereavement, as a normal life crisis and necessary healing process. Drawing on the...

Trustees Don't Think Helmsley Intended Trust Focus to Be Dogs

Posted on August 31, 2009
I previously reported on the lawsuit to intervene in the administration of the estate of Leona Helmsley. Additional details are below: Helmsley established a trust worth around $5 billion that was to be distributed for good cause, showing preference for...

Jackson's Death & Questions Regarding Propofol Dosage

Posted on August 30, 2009
The Los Angeles County Coroner ruled that Michael Jackson's death was a homicide resulting from a combination of drugs, including propofol and lorazepam. The full autopsy and toxicology reports are on security hold. See Alan Duke, Michael Jackson's death was...

And the Winners Are...

Posted on August 29, 2009
The results are in for the Real Property, Trust and Estate Law Section's student writing contest. Congratulations to all of this year's winners! First-place - Shea B. Airey from the University of South Carolina - "Conservation Easements in Private Practice:...

Top SSRN Downloads

Posted on August 29, 2009
Here are the top downloads from June 30, 2009 to August 29, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 283 Ghosts of...

Slayers: Verdict of Not Guilty by Reason of Insanity Does Not Prevent Forfeiture

Posted on August 29, 2009
In re Estate of Kissinger, 206 P.3d 665 (Wash. 2009): Charged with first degree murder for the slaying of his mother, step-brother, and his mother?s boyfriend, the defendant in In re Estate of Kissinger was found not guilty by reason...

French Tribunal Will Determine if L'Oreal Heiress was Exploited

Posted on August 28, 2009
Liliane Bettencourt, the daughter of L'Oreal founder and the richest woman in Europe, is the center of a criminal expoitation investigation in France. The details are as follows: Bettencourt met Fracois-Marie Banier, a celebrity photograher, over 20 years ago...

Trust Protectors: Trust Agreement May Create the Protector's Duty

Posted on August 28, 2009
Robert T. McLean Irrevocable Trust v. Patrick Davis, P.C., 283 S.W.3d 786 (Mo. Ct. App. 2009): A trustee and the mother of a beneficiary brought suit against the predecessor trustees and the trust protector alleging that the trustees improperly managed...

Article Addresses Dilemma of Fiduciary Conflicts

Posted on August 28, 2009
Steven L. Schwarcz (professor of law, Duke) has posted on SSRN his article entitled Fiduciary Conflicts. The abstract of the article is below: This article examines the dilemma of a fiduciary acting for parties who, as among themselves, have conflicting...

The Origins and Future of Sony/ATV

Posted on August 28, 2009
Michael Jackson's share of Sony/ATV is probably the most notable asset in Jackson's estate. According to Julie Creswell, Turning Music Into Dollars at Sony/ATV, NY Times, Aug. 22, 2009, Sony/ATV Music Publishing is a joint venture created in 1995 between...

CLE on Captive Insurance Companies

Posted on August 27, 2009
The ABA section of Real Property, Trust & Estate Law is sponsoring a 90 minute teleconference and live audio webcast CLE entitled "Captive" Insurance Companies and Closely Held Enterprises: Income Tax and Transfer Tax Opportunities and Implicationson Sep...

Portability of the Estate Tax Exemption in the Taxpayer Certainty and Relief Act of 2009

Posted on August 27, 2009
The August 2009 Real Property, Trusts & Estate Law eReport contains an article by Timothy J. Vitollo entitled The Taxpayer Certainty and Relief Act of 2009. The introduction of the article is below: For more than twenty years, members of...

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